9. “Recycled oil” means a petroleum
product which is prepared from used motor oil or used lubricating oil. The term
includes rerefined oil.

10. “Rerefined oil” means used oil which
is refined after its previous use to remove from the oil any contaminants
acquired during the previous use.

11. “Used oil” means any oil which has
been refined from crude or synthetic oil and, as a result of use, has become
unsuitable for its original purpose because of a loss of its original
properties or the presence of impurities, but which may be suitable for another
use or economically recycled.

12. “Viscosity grade classification” means
the measure of an oil’s resistance to flow at a given temperature according to
the grade classification system of the Society of Automotive Engineers or other
grade classification.

1. It is unlawful for any person to sell,
attempt to sell, offer for sale or assist in the sale of any motor vehicle fuel
and willfully and falsely to represent that motor vehicle fuel to be a motor
vehicle fuel of any dealer, manufacturer or producer other than the true
dealer, manufacturer or producer thereof.

2. It is unlawful for any member of a firm
or any officer of a corporation knowingly to permit any employee of the firm or
corporation to sell, offer for sale or assist in the sale of any motor vehicle
fuel and falsely to represent that motor vehicle fuel to be the motor vehicle
fuel of any dealer, manufacturer or producer other than the true dealer,
manufacturer or producer thereof.

3. This section does not apply to any
person who sells or offers for sale, under the person’s own name or brand name,
the product or output of another manufacturer or producer with the written
consent of the manufacturer or producer.

1. It is unlawful for any person to sell
or offer to sell any motor vehicle fuel unless a sign or label is firmly
attached to or painted at or near the outlet of the container from which or
into which the motor vehicle fuel is dispensed or received for sale or
delivery. Except as otherwise provided in this section, the sign or label, in
letters not less than one-half inch in height, must contain the brand name and
the grade designation of the motor vehicle fuel. All containers and dispensers
of lubricating and motor oil must also be labeled in the same manner with the
oil’s viscosity grade classification and performance rating. If a lubricating
or motor oil has more than one viscosity grade classification or performance
rating, each viscosity grade classification and performance rating must be
included in the label. When the sign or label is attached to the faucet or
valve of a tank truck or tank wagon, the letters must be not less than one-half
inch in height. The provisions of this subsection do not apply to any oil
labeled “prediluted” or intended only for mixture with gasoline or other motor
vehicle fuel in a two-cycle engine.

2. The inlet end of the fill pipe to each
storage tank of motor vehicle fuel must be labeled with the brand name and the
grade of the motor vehicle fuel contained therein or have a product-specific
pressure vessel fill connection.

3. Delivery outlets for motor vehicle fuel
on tank delivery trucks must be labeled to comply with the requirements of this
section before departure from the bulk plants.

4. If any motor vehicle fuel has no brand
name, the sign or label required by subsection 1 must consist of words, in
letters not less than 3 inches high, that designate the specific type of motor
vehicle fuel followed by the words “No Brand,” such as “Gasoline, No Brand” or
“E-100, No Brand.”

5. On any container with a net content of
1 United States gallon or less, the brand name or trademark, the name and
address of the distributor or manufacturer, the viscosity grade classification,
the performance rating and the words “Motor Oil” or “Lubricating Oil” must be
painted, printed, embossed or otherwise firmly affixed on the container in
letters and numerals of legible size. Such a designation constitutes compliance
with the provisions of this section.

6. Small hand measures used for delivery
of petroleum products or motor vehicle fuel that are filled in the presence of
the customer need not be labeled in accordance with the provisions of NRS 590.010 to 590.150,
inclusive, if the receptacle, container or pump from which petroleum products
or motor vehicle fuel is drawn or poured into the hand measures is properly
labeled as required by the provisions of NRS 590.010
to 590.150, inclusive.

1. It is unlawful for any person, or any
officer, agent or employee thereof, engaged in or operating in the business of
selling at retail any motor vehicle fuel to display any sign or other
designating mark, at or near his or her place of business, which describes or
designates a brand name of a motor vehicle fuel not actually sold or offered
for sale or delivery at the place of business where the sign or other
designating mark is displayed.

2. It is unlawful for any person, or any
officer, agent or employee thereof, to make or cause to be made, by means of
any advertising medium whatever, any statement concerning the sale of motor
vehicle fuel or the performance characteristics thereof which is known to him
or her to be untrue or misleading, or which by the exercise of reasonable care
and diligence should be known to him or her to be untrue or misleading.

1. Except as otherwise provided in NRS 590.063 and 590.065,
it is unlawful for any person, or any officer, agent or employee thereof, to
adulterate any petroleum product or motor vehicle fuel, to sell, attempt to
sell, offer for sale or assist in the sale of any product resulting from the
adulteration, and to represent the product as the petroleum product or motor
vehicle fuel of a brand name in general use by any other marketer or producer
of petroleum products or motor vehicle fuel.

2. Whenever the description of any
petroleum product or motor vehicle fuel is displayed on any tank, receptacle or
other delivery device used for sale to the public, the kind, character and name
of the petroleum product or motor vehicle fuel dispensed therefrom must
correspond to the representations thereon.

3. Except as otherwise provided in this
subsection, it is unlawful for any person, or any officer, agent or employee
thereof, to deposit or deliver into any tank, receptacle or other container any
petroleum product or motor vehicle fuel other than the petroleum product or
motor vehicle fuel intended to be stored in the tank, receptacle or container
and distributed therefrom, as indicated by the name of the producer,
manufacturer or distributor of the product displayed on the container itself,
or on the pump, dispenser or other distributing device used in connection
therewith. This section does not apply to any person who sells or offers for
sale under the person’s name or brand name the product or output of another
manufacturer or producer, with the consent of that manufacturer or producer.

4. If used oil or recycled oil, other than
rerefined oil, is sold or offered for sale or delivery in this state, the
container in which that oil is sold or offered for sale or delivery or, in the
case of a bulk delivery, the delivery receipt, must bear a superimposed sign or
label containing the clearly legible words “Recycled Oil” or “Used Oil.”

1. The use of pumps, dispensers or other
devices which are capable of withdrawing gasoline from each of two tanks
containing different qualities of the same petroleum product or motor vehicle
fuel and dispensing them as a single combined product must be authorized if the
Division of Consumer Equitability of the State Department of Agriculture
determines that all the following conditions exist:

(a) The device mechanism accurately measures the quantities
of the gasoline being simultaneously withdrawn from each of the two tanks and
the quantity dispensed.

(b) The device mechanism accurately and visibly
records and displays the resulting combined quality, the total quantity, the
price per gallon for the particular quality combination being dispensed and the
total price of the quantity of gasoline dispensed at the particular sale.

(c) The device has a locking selector mechanism
which prevents the changing of the proportion of the two qualities being
combined during the dispensing of the desired quantity.

2. The provisions of this section
authorize the operation of a blending type of pump or dispenser connected to
two tanks containing two different grades of the same product, which, if
blended together in different proportions, will produce gasoline of different
octane rating, each blend of which meets the specifications for gasoline as
required by this chapter.

1. The use of pumps, dispensers or other
devices which are capable of withdrawing gasoline from one tank containing
gasoline and another tank containing motor oil and dispensing them as a single
combined product and of withdrawing gasoline alone from the tank containing
gasoline must be authorized if the Division of Consumer Equitability of the
State Department of Agriculture determines that all the following conditions
exist:

(a) The device mechanism accurately measures the
quantities being simultaneously withdrawn for dispensing as a combined product
from each of the two tanks when the combined product is dispensed, and the
quantity being dispensed from the gasoline tank alone when gasoline alone is
dispensed.

(b) The device mechanism accurately and visibly
records and displays the ratio of gasoline to motor oil, the quantity of each
ingredient being dispensed, the price per gallon for gasoline being dispensed
and the price per quart for motor oil being dispensed, or accurately and
visibly records and displays the ratio of gasoline to motor oil and the total
volume of the oil and gasoline mixture delivered, and computes the total cost
based upon the price set for the finished blend.

(c) The device mechanism prevents the changing of
the ratio of gasoline to motor oil during dispensing.

(d) There is firmly attached to or painted upon
the device mechanism panel a sign or label plainly visible consisting of the
words “two-cycle motor fuel” together with the brand name or trademark of the
product, all of which must be in letters not less than one-half inch in height.

2. The provisions of this section
authorize the operation of a blending type of pump or dispenser connected to
two tanks, one containing motor oil and the other gasoline, but only if the
motor oil in its separate state meets the specifications for lubricating oil as
required by NRS 590.080 and the gasoline in its separate
state meets the specifications for gasoline as required by NRS 590.070.

1. The State Board of Agriculture shall
adopt by regulation specifications for motor vehicle fuel:

(a) Based upon scientific evidence which
demonstrates that any motor vehicle fuel which is produced in accordance with
the specifications is of sufficient quality to ensure appropriate performance
when used in a motor vehicle in this State; or

(b) Proposed by an air pollution control agency
to attain or maintain national ambient air quality standards in any area of
this State. As used in this paragraph, “air pollution control agency” means any
federal air pollution control agency or any state, regional or local agency
that has the authority pursuant to chapter 445B
of NRS to regulate or control air pollution or air quality in any area of this
State.

2. The State Board of Agriculture shall
adopt by regulation procedures for allowing variances from the specifications
for motor vehicle fuel adopted pursuant to this section.

3. It is unlawful for any person, or any
officer, agent or employee thereof, to sell, offer for sale, assist in the sale
of, deliver or permit to be sold or offered for sale:

(a) Any petroleum or petroleum product as, or
purporting to be, motor vehicle fuel, unless it conforms with the regulations
adopted by the State Board of Agriculture pursuant to this section.

(b) Any biodiesel unless it meets the
registration requirements for fuels and fuel additives of 40 C.F.R. Part 79 and
the requirements of ASTM Standard D6751, “Standard Specification for Biodiesel
Fuel Blend Stock (B100) for Middle Distillate Fuels.”

(c) Any biomass-based diesel or biomass-based
diesel blend unless it meets the registration requirements for fuels and fuel
additives established by the Administrator of the Environmental Protection
Agency pursuant to 42 U.S.C. § 7545.

4. This section does not apply to aviation
fuel.

5. In addition to any criminal penalty
that is imposed pursuant to the provisions of NRS
590.150, any person who violates any provision of this section may be
further punished as provided in NRS 590.071.

6. As used in this section:

(a) “Biodiesel” means a fuel that is composed of
mono-alkyl esters of long-chain fatty acids derived from plant or animal
matter.

(b) “Biomass-based diesel” means a diesel fuel
substitute that is produced from nonpetroleum renewable resources, such as fuel
derived from animal wastes, including, without limitation, poultry fats,
poultry wastes and other waste materials, or from municipal solid waste and
sludge and oil derived from wastewater and the treatment of wastewater. The
term does not include biodiesel.

(c) “Biomass-based diesel blend” means a blend of
any biomass-based diesel and any petroleum-based product that is suitable for
use as a motor vehicle fuel.

(b) Adopt regulations specifying a schedule of
fines that it may impose, upon notice and hearing, for each violation of the
provisions of NRS 590.070. The maximum fine that
may be imposed by the Board for each violation must not exceed $5,000 per day.
All fines collected by the Board pursuant to the regulations adopted pursuant
to this subsection must be deposited with the State Treasurer for credit to the
State General Fund.

2. The State Board of Agriculture may:

(a) In addition to imposing a fine pursuant to
subsection 1, issue an order requiring a violator to take appropriate action to
correct the violation.

(b) Request the district attorney of the
appropriate county to investigate or file a criminal complaint against any
person that the Board suspects may have violated any provision of NRS 590.070.

NRS 590.073Specifications for aviation fuel; exception for military
aircraft.

1. It is unlawful for any person to sell,
offer for sale or assist in the sale of, or permit to be sold or offered for
sale, any aviation fuel unless such fuel conforms to the specification
standards prescribed by regulation of the State Sealer of Consumer
Equitability. The State Sealer of Consumer Equitability may follow the
specification standards set forth by ASTM International.

2. This section does not apply to aviation
fuel for use by military aircraft.

1. Except as otherwise provided in
subsection 2, crankcase drainings, lube-distillate, or any other petroleum
product may not be sold, offered for sale, delivered, offered for delivery or
stored as a motor oil or lubricating oil for use in the crankcase of an
internal combustion engine unless it conforms to the performance rating set
forth on its container or, in the case of a bulk delivery, on the delivery
receipt, and the following specifications:

(a) It must meet the specifications for engine
oil performance and engine service classification set by SAE International.

(b) It must be free from water and suspended
matter when tested in accordance with the procedures approved by the State
Sealer of Consumer Equitability.

(c) The flash points for the various viscosity
grade classifications must not be less than the most recent viscosity grade
classifications determined by SAE International when tested by the
Pensky-Martens Closed Cup method. The viscosity grade classification number of
motor or lubricating oils must conform to the latest viscosity grade
classification determined by SAE International.

2. The provisions of this section do not
apply to any oil labeled “prediluted” or intended only for mixture with
gasoline or other motor fuel in a two-cycle engine.

1. It is unlawful for any person, or any
officer, agent or employee thereof, to sell, offer for sale, or assist in the
sale of or permit to be sold or offered for sale any petroleum or petroleum
product to be used for heating purposes, unless the petroleum or petroleum
product conforms to the most recent standards adopted by ASTM International.

2. All bulk storage tanks, dispensers and
petroleum tank truck compartment outlets containing or dispensing heating fuel
must be labeled with the brand name and the grade designation of the heating
fuel.

3. A person shall not use the numerical
grade designation for heating fuels adopted by ASTM International unless the
designation conforms to that designation. Persons using a designation other
than the numerical grade designation adopted by ASTM International must file
with the Division of Consumer Equitability of the State Department of
Agriculture the designation to be used together with its corresponding grade
designation of ASTM International.

NRS 590.100Powers and duties of State Sealer of Consumer Equitability and
Nevada Highway Patrol.The State
Sealer of Consumer Equitability is charged with the proper enforcement of NRS 590.010 to 590.150,
inclusive, and has the following powers and duties:

1. The State Sealer of Consumer
Equitability may publish reports relating to petroleum products and motor
vehicle fuel in such form and at such times as he or she deems necessary.

2. The State Sealer of Consumer
Equitability, or the appointees thereof, shall inspect and check the accuracy
of all measuring devices for petroleum products and motor vehicle fuel
maintained in this State, and shall seal all such devices whose tolerances are
found to be within those prescribed by the National Institute of Standards and
Technology.

3. The State Sealer of Consumer
Equitability, or the appointees thereof, or any member of the Nevada Highway
Patrol, may take such samples as he or she deems necessary of any petroleum
product or motor vehicle fuel that is kept, transported or stored within the
State of Nevada. It is unlawful for any person, or any officer, agent or
employee thereof, to refuse to permit the State Sealer of Consumer
Equitability, or the appointees thereof, or any member of the Nevada Highway
Patrol, in the State of Nevada, to take such samples, or to prevent or to
attempt to prevent the State Sealer of Consumer Equitability, or the appointees
thereof, or any member of the Nevada Highway Patrol, from taking them. If the
person, or any officer, agent or employee thereof, from which a sample is taken
at the time of taking demands payment, then the person taking the sample shall
pay the reasonable market price for the quantity taken.

4. The State Sealer of Consumer
Equitability, or the appointees thereof, may close and seal the outlets of any
unlabeled or mislabeled containers, pumps, dispensers or storage tanks
connected thereto or which contain any petroleum product or motor vehicle fuel
which, if sold, would violate any of the provisions of NRS
590.010 to 590.150, inclusive, and shall post,
in a conspicuous place on the premises where those containers, pumps,
dispensers or storage tanks have been sealed, a notice stating that the action
of sealing has been taken in accordance with the provisions of NRS 590.010 to 590.150,
inclusive, and giving warning that it is unlawful to break, mutilate or destroy
the seal or seals thereof under penalty as provided in NRS
590.110.

5. The State Sealer of Consumer
Equitability, or the appointees thereof, shall, upon at least 24 hours’ notice
to the owner, manager, operator or attendant of the premises where a container,
pump, dispenser or storage tank has been sealed, and at the time specified in
the notice, break the seal for the purpose of permitting the removal of the
contents of the container, pump, dispenser or storage tank. If the contents are
not immediately and completely removed, the container, pump, dispenser or
storage tank must be again sealed.

6. The State Sealer of Consumer
Equitability shall adopt regulations which are necessary for the enforcement of
NRS 590.010 to 590.150,
inclusive, including standard procedures for testing petroleum products or
motor vehicle fuel which are based on sources such as those approved by ASTM
International, and may adopt specifications for any fuel for use in internal
combustion engines which is sold or offered for sale and contains any alcohol
or other combustible chemical that is not a petroleum product or motor vehicle
fuel.

NRS 590.105Certain measurement tables to be used in testing petroleum
products or motor vehicle fuel.For
the purpose of testing petroleum products or motor vehicle fuel as provided in NRS 590.010 to 590.150,
inclusive, the ASTM-IP Petroleum Measurement Tables, American Edition, must be
used for gravity and volume conversion and temperature correction of 60°F.

NRS 590.110Breaking, mutilating or destroying seal or covering, defacing or
removing notice of sealing unlawful.It
is unlawful for any person other than the State Sealer of Consumer Equitability
or his or her appointees to break, mutilate or destroy any seal placed on any
container, pump, dispenser or storage tank by the State Sealer of Consumer
Equitability or his or her appointees, or to cover, deface or remove, or
attempt to cover, deface or remove, any notice of sealing posted by the State
Sealer of Consumer Equitability or his or her appointees.

1. Every person, or any officer, agent or
employee thereof, shipping or transporting any motor vehicle fuel or
lubricating oil into this State for sale or consignment, or with intent to sell
or consign the same, shall pay to the Department of Motor Vehicles an
inspection fee of 0.055 of a cent per gallon for every gallon of motor vehicle
fuel or lubricating oil so shipped or transported into the State, or that is
held for sale within this State. This section does not require the payment of
an inspection fee on any shipment or consignment of motor vehicle fuel or
lubricating oil when the inspection fee has been paid.

2. The inspection fees collected pursuant
to the provisions of subsection 1, together with any penalties and interest
collected thereon, must be transferred quarterly to the account in the State
General Fund created pursuant to NRS
561.412 for the use of the State Department of Agriculture.

3. On or before the last day of each
calendar month, every person, or any officer, agent or employee thereof,
required to pay the inspection fee described in subsection 1 shall send to the
Department of Motor Vehicles a correct report of the motor vehicle fuel or oil
volumes for the preceding month. The report must include a list of distributors
or retailers distributing or selling the products and must be accompanied by
the required fees.

4. Failure to send the report and
remittance as specified in subsections 1 and 3 is a violation of NRS 590.010 to 590.150, inclusive,
and is punishable as provided in NRS 590.150.

5. The provisions of this section must be
carried out in the manner prescribed in chapters
360A and 365 of NRS.

6. All expenses incurred by the Department
of Motor Vehicles in carrying out the provisions of this section are a charge
against the account created pursuant to NRS
561.412.

7. For the purposes of this section,
“motor vehicle fuel” does not include diesel fuel, burner fuel or kerosene.

(b) Was delivered to the vendor within the
immediately preceding 6 months.

2. Specifying the format, size, wording
and placement of the warning label that a vendor is required to place on a pump
pursuant to this section. The regulations must ensure that the warning labels
measure at least 4 inches by 4 inches and include, without limitation:

(a) A notice advising the consumer to read the
label before dispensing the motor vehicle fuel;

(b) A warning that the motor vehicle fuel
contains manganese or a manganese compound, including, without limitation,
methylcyclopentadienyl manganese tricarbonyl; and

(c) A recommendation to consult the owner’s
manual for the consumer’s motor vehicle before using the motor vehicle fuel.

NRS 590.133Documentation provided to purchaser of fuel containing manganese
or manganese compound: Requirements.Any
person, other than a retailer of motor vehicle fuel, who sells, offers for
sale, assists in the sale of, delivers or transports motor vehicle fuel that
contains manganese or any manganese compound must provide the purchaser,
including without limitation, a retailer of motor vehicle fuel, with
documentation expressly stating that the fuel contains manganese or a manganese
compound and stating the volume of the compound expressed in milligrams per
liter.

NRS 590.140Duties of district attorneys.The
district attorney of each county shall prosecute all violations of the
provisions of NRS 590.010 to 590.150,
inclusive, occurring within the county.

[15:157:1955]

NRS 590.150Penalties; prima facie evidence.

1. Any person, or any officer, agent or
employee thereof, who violates any of the provisions of NRS
590.010 to 590.140, inclusive, is guilty of a
misdemeanor.

2. Each such person, or any officer, agent
or employee thereof, is guilty of a separate offense for each day during any
portion of which any violation of any provision of NRS
590.010 to 590.140, inclusive, is committed,
continued or permitted by such person, or any officer, agent or employee
thereof, and shall be punished as provided in this section.

3. The selling and delivery of any
petroleum product or motor vehicle fuel mentioned in NRS
590.010 to 590.140, inclusive, is prima facie
evidence of the representation on the part of the vendor that the quality sold
and delivered was the quality bought by the vendee.

1. Except as otherwise provided in this
section, a person shall not keep, maintain or display in this State any
advertising medium which indicates, shows or advertises the price of motor
vehicle fuel sold, offered for sale or advertised for sale from the premises,
unless the actual price per unit of measure of motor vehicle fuel, including
taxes, is also shown on the advertising medium, together with the brand name
and the individual grade or grades of the motor vehicle fuel being advertised.
If motor vehicle fuel prices are advertised in units of measure other than the
gallon, the actual price per unit of measure along with the equivalent price
per gallon and the word designating the unit of measure must be displayed on
the face of the pump or dispenser.

2. The price of diesel fuel may be
advertised excluding state tax, but only by a sign which clearly and
conspicuously contains the wording “With Permit,” “With State Permit” or words
of similar meaning in letters of uniform size not less than 4 inches in height.
Diesel fuel dispensers displaying unit price without state tax must be labeled
in letters not less than 1 inch in height with the words “Permit Price,” “With
State Permit” or words of similar meaning.

3. Except as otherwise provided in
subsection 2, retail devices displaying the unit price to compute or record
deliveries must not be considered an advertising medium.

1. No person offering for sale or selling
any motor vehicle fuel in the State of Nevada may post or display a sign or
statement or other advertising medium reading, in substance, “save” a
designated amount, or a designated amount per unit of measure, such as “save 5
cents” or “save 5 cents per gallon,” or using the expression “off” a designated
amount, such as “5 cents off” or “5 cents less,” or “discount” of a given
amount, such as “5-cent discount,” or otherwise using the words “save,” “off,”
“discount,” “wholesale,” “below,” or any of them, or a word or words of similar
meaning or other phraseology indicating a reduced price, unless there is posted
and displayed in letters of equal size and as part of the same sign, statement
or other advertising medium the total price, including all taxes, at which
motor vehicle fuel is being sold or offered for sale, designating the price for
each brand name or grade of motor vehicle fuel being sold or offered for sale.

2. The size of the letters, words, figures
or numerals used to indicate the total price per unit of measure, including all
taxes, must be of a size as provided under the provisions of NRS 590.200.

NRS 590.190Motor vehicle fuel without brand name: Requisites.If motor vehicle fuel is offered for sale or
advertised for sale from the premises of any place of business in this state,
but not under any brand name, then the words “no brand” must be used and
designated on the advertising medium.

NRS 590.200Size of letters, figures or numerals designating brand or words
“no brand.”All letters, figures
or numerals used in designating the brand name or words “no brand” in any
advertising medium referred to in NRS 590.160 to 590.330, inclusive, must be of uniform size and must
not be less than 6 inches in height or one-third the size of the numerals
designating the price, whichever is larger, and the height must not be more
than twice the dimension of the width of each letter, or figure or numeral.

NRS 590.210Size of letters in designating individual grade of motor vehicle
fuel.All letters used in
designating each individual grade of motor vehicle fuel must be at least 4
inches in height, and the height must not be more than twice the dimension of
the width of each letter.

NRS 590.220Size of letters, words, figures or numerals indicating prices of
motor vehicle fuel.All letters,
words, figures or numerals used on the advertising medium referred to in NRS 590.160 to 590.330,
inclusive, to indicate prices of motor vehicle fuel sold or advertised for sale
must be uniform in size and must be at least 6 inches in height, and the height
must not be more than twice the width. If a fraction displaying a numerator and
a denominator is used in lieu of a full-size numeral on a price sign, the
fraction must be of the same height and design as the other numerals indicating
price. Numerators without denominators must not be used for fractions. The
advertising medium must indicate the price of the fuel per gallon.

NRS 590.230Contents and form of advertising medium; information concerning
conditions of sale.

1. The advertising medium referred to in NRS 590.160 to 590.330,
inclusive, must not contain any other advertising matter except words of
description of the product sold or offered for sale, and method of sale, such
as “self-serve,” “full serve” or words of similar meaning. If words of
description or method of sale of the product offered or advertised by any such
sign are used, the letters, figures or numerals which form any words must not
be larger than the words, marks, letters, figures or numerals used in forming
or designating the price per unit of measure.

2. If the price of a brand name or grade
of motor vehicle fuel is advertised by means of a price sign and is sold at
different prices from the dispensing devices on the premises, the sign or signs
advertising the price must include notice of the conditions under which the
brand name or grade is sold. If the sign advertises only the cash price, as a
condition of sale for the motor vehicle fuel offered for sale on the premises,
the sign must clearly state “cash” in letters a minimum of 6 inches in height
or one-third the size of the numerals in announcing the price, whichever is
larger. If terms stating the condition of sale, including “self-serve,” “full
serve,” or words of similar meaning, appear on a price sign, there must be
signs designating “self-serve” and “full serve” islands, pumps or dispensing
devices in letters of 4 inches in height or more, conspicuously posted, showing
the pumps or dispensing devices where the product is sold at each price.

NRS 590.250Numeral “1” and letter “l”: Uniformity of type and design.The numeral “1” or the letter “l” need not
conform to specifications prescribed for other letters, words, figures or
numerals by NRS 590.160 to 590.330,
inclusive, but all letters, words, figures or numerals shall be the same type
and design and shall be uniform with other letters, words, figures or numerals
with which they are used.

[9:323:1951]

NRS 590.260Visibility and color of letters, words, figures or numerals.All letters, words, figures or numerals
appearing on any advertising medium referred to in NRS
590.160 to 590.330, inclusive, shall be plainly
visible and of such colors or tints as will contrast such letters, words,
figures or numerals with the remaining parts of the advertising medium.

[10:323:1951]

NRS 590.270Uniformity of color, words, letters, figures and numerals
designating brand, “no brand,” price, grade and conditions of sale.All words, letters, figures or numerals on the
advertising medium referred to in NRS 590.160 to 590.330, inclusive, which form or designate the brand
name or the words “no brand” must be of like color or tint, and all words,
letters, figures or numerals designating or indicating the price of motor
vehicle fuel so offered for sale must be of like color or tint, and all words,
letters, figures or numerals used in designating the grades and conditions of
sale of motor vehicle fuel being advertised must be of like color or tint.

NRS 590.280Placement of medium in misleading position as regards other
advertising.No advertising medium
may be placed on the premises of any place of business in this state in such a
manner or in such a position to another advertising medium as will render the
advertising medium advertising motor vehicle fuel offered for sale susceptible
of being read in conjunction with any other advertising medium, if any person
so reading from any public street or highway may be misled.

NRS 590.290Unlawful placement of certain letters, words, figures or
numerals on advertising medium for goods other than motor vehicle fuel.It is unlawful to place letters, words,
figures or numerals on any advertising medium located or maintained on the premises
of any place of business in this state advertising or offering for sale any
goods, wares or merchandise, other than motor vehicle fuel, if the advertising
medium may be construed by any reasonable person as advertising or offering for
sale motor vehicle fuel.

NRS 590.300Advertising of “motor oil” or “lubricating oil”: General
requirements.

1. No person shall keep, maintain or
display on the premises or near any place of business in this state any
advertising medium which indicates or shows or advertises the price of “motor
oil” or “lubricating oil” offered for sale or advertised for sale from such
premises without clearly and conspicuously showing on the same advertising
medium where such price is advertised the trade name or brand name of the
particular motor oil or lubricating oil the price of which is so advertised,
together with the words “motor oil” or “lubricating oil.”

2. If such motor oil or lubricating oil
has no brand name or trade name, then the words “no brand” shall be displayed
in connection with the designation of the product.

1. All letters, figures or numerals, used
in designating the brand name or the words “no brand” which are part of any
advertising medium indicating, showing or advertising the price of “lubricating
oil” or “motor oil,” shall be uniform size, type and design and may be of any
convenient height except that the height shall not be more than twice the
dimension of the width of each such letter, figure or numeral.

2. All letters used in designating the
words “motor oil” or “lubricating oil” which are part of any advertising medium
indicating, showing or advertising the price of lubricating oil or motor oil
shall be of uniform size, type and design and shall not be less than one-half
the size nor greater than the size, either in height or width, of any letters,
figures or numerals designating the brand name of the motor oil or lubricating
oil being advertised.

3. All letters, words, figures or numerals
used for the purpose of indicating the price of motor oil or lubricating oil
shall be uniform in size and shall not be more than twice the size of the
letters, figures or numerals used for the purpose of designating the brand name
or the words “no brand.”

4. All letters, figures or numerals used
for designating the brand name or the words “no brand” when used as a part of
any advertising medium indicating, showing or advertising the price of motor
oil or lubricating oil shall be of like color or tint.

5. All letters, figures or numerals used
for designating the price of motor oil or lubricating oil shall be of like
color or tint.

6. All letters used in designating the
words “motor oil” or “lubricating oil” when used as a part of any advertising
medium indicating, showing or advertising the price of motor oil or lubricating
oil shall be of like color or tint.

7. All such color or tint shall contrast
with the background and other parts of such advertising medium.

[15:323:1951]

NRS 590.320Unlawful advertising of motor vehicle fuel or petroleum product
if not currently available for sale or delivery.It
is unlawful for any person engaged in the business of selling at retail any
motor vehicle fuel or petroleum product for internal combustion engines to
display any sign or other designating mark at or near the person’s place of
business describing or designating a brand name, a trademark or the words “no
brand” with respect to any motor vehicle fuel or petroleum product for internal
combustion engines that is not currently available for sale or delivery at the
person’s place of business.

1. The State Sealer of Consumer
Equitability shall adopt regulations establishing a schedule of civil penalties
for any violation of NRS 590.160 to 590.330, inclusive.

2. In addition to any criminal penalty
that may be imposed, a person who violates any provision of NRS 590.160 to 590.330,
inclusive, is subject to a civil penalty in accordance with the schedule of
civil penalties established by the State Sealer of Consumer Equitability
pursuant to subsection 1.

1. A person subject to a civil penalty may
request an administrative hearing within 10 days after receipt of the notice of
the civil penalty. The State Sealer of Consumer Equitability or a designee
thereof shall conduct the hearing after giving appropriate notice to the
respondent. The decision of the State Sealer of Consumer Equitability or
designee is subject to appropriate judicial review.

2. If the respondent has exhausted all
administrative appeals and the civil penalty has been upheld, the respondent
shall pay the civil penalty:

(a) If no petition for judicial review is filed
pursuant to NRS 233B.130, within 40
days after the final decision of the State Sealer of Consumer Equitability or
designee; or

(b) If a petition for judicial review is filed
pursuant to NRS 233B.130 and the
civil penalty is upheld, within 10 days after the effective date of the final
decision of the court.

3. If the respondent fails to pay the
civil penalty, a civil action may be brought by the State Sealer of Consumer
Equitability in any court of competent jurisdiction to recover the civil
penalty.

1. “Antifreeze” includes all substances
and preparations intended for use as the cooling medium, or to be added to the
cooling liquid, in the cooling system of internal combustion engines to prevent
freezing of the cooling liquid or to lower its freezing point.

2. “Fiscal year” means the period of 1
year beginning July 1 and expiring June 30 of the following year.

NRS 590.360Adulteration.An
antifreeze shall be deemed to be adulterated:

1. If it consists in whole or in part of
any substance which will render it injurious to the cooling system of an
internal combustion engine or will make the operations of the engine dangerous
to the user; or

2. If its strength, quality or purity
falls below the standard of strength, quality or purity under which it is sold.

[2:308:1949; 1943 NCL § 1006.02]

NRS 590.370Misbranding.An
antifreeze shall be deemed to be misbranded:

1. If its labeling is false or misleading
in any particular; or

2. If in package form it does not bear a
label containing the name and place of business of the manufacturer, packer,
seller or distributor and an accurate statement of the quantity of the contents
in terms of weight or measure on the outside of the package.

[3:308:1949; 1943 NCL § 1006.03]

NRS 590.380License to sell, display or hold for sale; application for
license; fee established by regulation; grounds for cancellation of license.

1. Before any antifreeze may be sold,
displayed for sale or held with intent to sell within this State, and upon
application of the manufacturer, packer, seller or distributor and the payment
of a license fee established by regulation of the State Board of Agriculture
for each brand of antifreeze submitted, the State Sealer of Consumer
Equitability shall, if the antifreeze is not in violation of NRS 590.340 to 590.450,
inclusive, issue to the applicant a license authorizing its sale in this State
for the fiscal year in which the license fee is paid.

2. If the State Sealer of Consumer
Equitability at a later date finds that:

(a) The product to be sold, displayed for sale or
held with intent to sell has been materially altered or adulterated;

(b) A change has been made in the name, brand or
trademark under which the antifreeze is sold; or

1. The State Sealer of Consumer
Equitability shall enforce the provisions of NRS
590.340 to 590.450, inclusive, by inspections,
chemical analyses or any other appropriate methods. All samples for inspection
or analysis shall be taken from stocks in the State or intended for sale in the
State, or the State Sealer of Consumer Equitability, through his or her agents,
may call upon the manufacturer or distributor applying for an inspection of an
antifreeze to supply such samples thereof for analysis.

2. The State Sealer of Consumer
Equitability, through his or her agents, shall have free access at all
reasonable times to all places of business, buildings, vehicles, cars and
vessels used in the manufacture, transportation, sale or storage of any
antifreeze, and he or she may open any box, carton, parcel or package containing
or supposed to contain any antifreeze and may take therefrom samples for
analysis. If the person, or any officer, agent or employee thereof, from which
such sample is taken, at the time of taking demands payment, the person taking
such sample shall pay the reasonable market price therefor.

NRS 590.420List of brands and trademarks licensed by State Sealer of
Consumer Equitability.The State
Sealer of Consumer Equitability may furnish upon request a list of the brands
and trademarks of antifreeze licensed by the State Sealer of Consumer
Equitability or his or her agents during the fiscal year which have been found
to be in accord with NRS 590.340 to 590.450, inclusive.

NRS 590.430Restrictions on statements in advertising literature.No advertising literature relating to any
antifreeze sold or to be sold in this State shall contain any statement that
the antifreeze advertised for sale has been approved by the State Sealer of
Consumer Equitability; but if any antifreeze has been licensed by the State
Sealer of Consumer Equitability and found not to be in violation of NRS 590.340 to 590.450,
inclusive, such statement may be contained in any advertising literature where
such brand or trademark of antifreeze is being advertised for sale.

1. Any person violating any provision of NRS 590.340 to 590.430,
inclusive, is subject to a civil penalty not to exceed:

(a) For the first violation, $250.

(b) For a second violation, $500.

(c) For each subsequent violation, $1,000.

2. Any money collected from the imposition
of a civil penalty pursuant to subsection 1 must be accounted for separately
and:

(a) Fifty percent of the money must be used to
fund a program selected by the Director of the State Department of Agriculture
that provides loans to persons who are engaged in agriculture and who are 21
years of age or younger; and

(b) The remaining 50 percent of the money must be
deposited in the Account for the Control of Weeds established by NRS 555.035.

1. “Board” means the Board for the
Regulation of Liquefied Petroleum Gas.

2. “Liquefied petroleum gas,” “LPG” or
“LP-Gas” means any material which is composed predominantly of any of the
following hydrocarbons, or mixtures of propane, propylene, butanes, either
normal butane or isobutane, and butylenes.

NRS 590.485Board for Regulation of Liquefied Petroleum Gas: Creation;
number, appointment, qualifications, terms and removal of members; compensation
of members and employees.

1. The Board for the Regulation of
Liquefied Petroleum Gas, consisting of six members appointed by the Governor,
is hereby created.

2. The Governor shall appoint:

(a) One member who is a volunteer firefighter in
a rural area of this State.

(b) One member who is a firefighter employed by
the fire department of a city in this State.

(c) Two members who:

(1) Are or have been engaged in the sale
or distribution of liquefied petroleum gas in this State; and

(2) Have a working knowledge of and actual
experience in the daily operation of a business classified pursuant to the
provisions of subsection 1 of NRS 590.575.

Ê Each member
appointed pursuant to this paragraph may be appointed from a separate list of
three nominees for appointment if such a list of nominees is provided to the
Governor by the Nevada Propane Dealers Association.

(d) Two members who are representatives of the
general public.

3. After the initial terms, the members of
the Board must be appointed to terms of 4 years.

4. Any appointed member may, for cause,
inefficiency or neglect of duties, be removed from office by the Governor.

5. Each member of the Board is entitled to
receive a salary of not more than $80 per day, as fixed by the Board, while
engaged in the business of the Board.

6. While engaged in the business of the
Board, each member and employee of the Board is entitled to receive the per
diem allowance and travel expenses provided for state officers and employees
generally.

7. Except as otherwise provided by NRS 590.547 and 590.605,
the salaries, per diem allowances and travel expenses of the members and
employees of the Board must be paid out of the money of the Board, after
approval by a majority of the Board.

1. The Board may adopt a seal for its own
use which must have imprinted thereon the words “Board for the Regulation of
Liquefied Petroleum Gas.” The care and custody of the seal is the
responsibility of the Secretary-Treasurer of the Board.

2. The Board may appoint an Executive
Secretary and may employ or, pursuant to NRS
333.700, contract with such other technical, clerical or investigative
personnel as it deems necessary. The Board shall fix the compensation of the
Executive Secretary and all other employees and independent contractors. Such
compensation must be paid out of the money of the Board. The Board may require
the Executive Secretary and any other employees and independent contractors to
give a bond to the Board for the faithful performance of their duties, the
premiums on the bond being paid out of the money of the Board.

3. In carrying out the provisions of NRS 590.465 to 590.645,
inclusive, and holding its regular or special meetings, the Board:

(a) Shall adopt written policies setting forth
procedures and methods of operation for the Board.

(b) May adopt such regulations as it deems
necessary.

4. The Board shall keep accurate records,
minutes and audio recordings or transcripts of all meetings and, except as
otherwise provided in NRS 241.035, the
records, minutes, audio recordings and transcripts so kept must be open to
public inspection at all reasonable times. A copy of the minutes or audio
recordings must be made available to a member of the public upon request at no
charge pursuant to NRS 241.035. The
Board shall also keep a record of all applications for licenses and licenses
issued by it. The record of applications and licenses is a public record.

1. The Board shall maintain in such
locations as it deems necessary an office open to the public during business
hours on weekdays, with a telephone number available 24 hours a day for persons
who use liquefied petroleum gas to obtain assistance in an emergency.

2. The office must be supervised by an
employee of the Board qualified to deal with the complaints of persons who use
liquefied petroleum gas and with other matters relating to the business of the
Board.

3. Persons licensed by the Board pursuant
to NRS 590.575 in Class 1 and Class 2 or their
qualified employees must be made available 24 hours a day to offer assistance
upon the request of the Board or a fire department or other fire protection
agency in whose district any emergency involving liquefied petroleum gas
occurs.

1. In addition to any other regulations it
is authorized or required to adopt, the Board shall adopt such other
regulations as are reasonably necessary for the:

(a) Protection of the health, welfare and safety
of the public and persons using liquefied petroleum gases;

(b) Provision of reasonable and adequate service
to those persons using liquefied petroleum gases; and

(c) Regulation of the removal of a tank from a
customer’s premises and the maximum time allowable between the request and the
removal. The Board shall consider the presence of fences or other physical
impediments to the removal of the tank in determining reasonable exceptions to
the time allowed for removal.

2. All regulations adopted by the Board
relating to safety must be in substantial conformity with the generally
accepted standards of safety concerning the same subject matter. Regulations
adopted by the Board relating to safety in the storage, distribution,
dispensing, transporting and utilization of LPG in this State and in the
manufacture, fabrication, assembly, sale, installation and use of LPG systems,
containers, apparatus or appliances must be just and reasonable and must
conform, as nearly as possible, to the standards of the National Fire
Protection Association, relating to the design, construction, installation and
use of systems, containers, apparatus, appliances and pertinent equipment for
the storage, transportation, dispensation and utilization of LPG.

3. In addition, the Board shall adopt
regulations which:

(a) Provide for the Board, through its staff, to:

(1) Respond to inquiries and complaints
from persons who use liquefied petroleum gas;

(2) Assist persons who use liquefied
petroleum gas in obtaining liquefied petroleum gas in an emergency; and

(3) Facilitate the resolution of disputes
between licensees and their customers.

Ê The
provisions of this paragraph do not impose a duty upon the Board to provide
financial assistance to any person.

(b) Provide for the hearing and mediation of
complaints filed by persons who use liquefied petroleum gas. Any such hearing
must be open to the public, recorded on tape and prior notice thereof must be
mailed by the Board to any person who requests to receive notice of such
hearings.

(c) Require each licensee to disclose uniformly
information which the Board determines is necessary to disseminate to the
licensees’ customers and prospective customers. The Board may adopt forms for
such disclosures, but shall also require each licensee to post its rates and,
upon request, disclose by telephone its applicable rates to existing and
potential customers who so inquire.

NRS 590.521Minimum general standards for equipment.The Board may adopt regulations setting forth
minimum general standards covering the design, construction, location,
installation and operation of equipment for storing, handling, transporting by
tank truck or tank trailer, and using liquefied petroleum gases and specifying
the odorization of the gases and the degree thereof.

NRS 590.525Installation and maintenance of equipment.All equipment must be installed and maintained
in a safe operating condition and in conformity with the regulations and
specifications adopted by the Board pursuant to NRS
590.515 and 590.519.

1. No person, firm or corporation, other
than the owner and those authorized by the owner so to do, shall sell, fill,
refill, deliver or permit to be delivered, or use in any manner any liquefied
petroleum gas container or receptacle for any gas, compound, or for any other
purpose whatsoever.

2. No person, firm or corporation shall
hereafter engage in this state in the business of manufacturing, fabricating,
assembling, selling or installing any systems, containers, apparatuses or
appliances used, or to be used, in this state for the transportation, storage,
dispensation or utilization of LPG, nor shall any transporter, distributor or
retailer of LPG engage in storing, dispensing or utilizing, nor shall any
transporter, distributor or retailer dispense or transport over the highways of
this state any LPG intended for use in this state in any system, container,
apparatus or appliance without having first applied and obtained from the Board
a license to do so.

3. The licenses required by this section
shall not apply to the following types of businesses or operations:

(a) Those engaged in the production or
manufacture of LPG.

(b) Those engaged in the wholesale selling or
reselling of LPG to transporters, industrial consumers, processors,
distributors or retailers, except wholesalers selling to ultimate consumers in
this state.

(c) Those selling or delivering motor vehicles or
tractors, or supplying the same, which are factory-equipped with an LP-Gas
system, container, apparatus or appliance for the utilization therein of LPG as
motor fuel.

(Added to NRS by 1957, 479)

NRS 590.537Dealer of leased tank to remove tank when requested at no
charge; refund to customer.

1. Each dealer who leases a tank for the
storage of liquefied petroleum gas to a customer shall, upon the request of a
customer, remove the tank from the customer’s premises, at no charge to the
customer.

2. The dealer shall refund to the
customer:

(a) On a pro rata basis, an amount equal to the
rent for the unused portion of the lease; and

(b) An amount equal to the value of the liquefied
petroleum gas which remains in the tank when the tank is removed. In
calculating the value of the liquefied petroleum gas, the dealer shall use the
price the customer paid for the liquefied petroleum gas. If removal of
liquefied petroleum gas from the tank is necessary to allow the dealer to
remove the tank from the customer’s premises, there may be no charge imposed
upon the customer for the removal of the gas.

3. The dealer shall mail the refund to the
customer within 15 days after the tank is removed from the customer’s premises.

NRS 590.545Ordinances of political subdivisions not to conflict with law or
regulations of Board; exception.

1. Except as otherwise provided in
subsection 2, no political subdivision may adopt or enforce any ordinance or
regulation in conflict with the provisions of NRS
590.465 to 590.645, inclusive, or with the
regulations adopted pursuant to NRS 590.465 to 590.645, inclusive.

2. If a political subdivision determines
that higher or more stringent standards concerning a particular installation or
storage of liquefied petroleum gas within its jurisdiction are necessary, it
may request the Board to consider the matter at a joint public meeting. The
Board shall schedule and conduct such a meeting within 30 days after receiving
the request. If, at the joint meeting, a majority of the members of the Board
and a majority of the members of the governing body of the political
subdivision agree:

(a) That higher or more stringent standards
should apply in that particular case; and

(b) Upon what those standards should be,

Ê then the
governing body of the political subdivision may adopt those standards for that
particular case.

1. Any hearing held by the Board on the
proposed location of a facility for the storage of liquefied petroleum gas in a
town in which no zoning ordinances or regulations apply must be held in the
town in which the proposed facility would be located. The person requesting
approval of the facility shall pay to the Board any costs incurred by the Board
in conducting the hearing and inspection of the site of the proposed facility,
including:

(a) Costs to employ an attorney or other
consultant; and

(b) Per diem allowances and travel expenses.

Ê If the Board
determines that costs associated with the hearing will be substantial, it may
require the person requesting approval of the facility to pay a part of the
anticipated costs in advance of the hearing.

2. The Board shall provide for the
physical inspection of the site of the proposed facility for the storage of
liquefied petroleum gas before the application is approved or denied by the
Board.

3. In determining whether to approve the
facility for the storage of liquefied petroleum gas, the Board shall consider:

(a) The health and safety of the residents of the
area where the facility would be located.

(b) The availability of water for fighting any
fire at the facility or in the surrounding area.

(c) The proximity of schools, residences,
commercial establishments and other structures to the site and the risk of
injury to persons or damage to property in the event of an emergency at the
facility.

Ê In
conducting hearings on the issuance or revocation of any license, the Board may
compel the attendance of witnesses by use of subpoena and apply to the district
court of the county where the hearing is held for an order citing any applicant
or witness for contempt, for failure to attend or testify.

2. The Board may conduct examinations of
any applicant to determine the responsibility, ability, knowledge, experience
or other qualification of the applicant for a license under NRS 590.465 to 590.645,
inclusive, and may require a reasonable amount of insurance against liability
for injury to persons and damage to property.

3. The Board shall adopt regulations
setting fees for applications, licenses and inspections adequate to cover the
cost of the operations of the Board.

4. The Board may suspend or revoke
licenses and refuse renewals of licenses if the applicant or licensee has been
guilty of acts or conduct harmful to either the safety or protection of the public.

1. Applications for any licenses required
by NRS 590.465 to 590.645,
inclusive, must be made to the Board prior to conducting any business of
installing equipment for the use of LPG or prior to engaging in the business of
selling LPG. No person may install or conduct any business of installing
equipment for the use of LPG or engage in the business of selling LPG until
such person has obtained a license from the Board.

2. The application must include the name
and address of the applicant, and, if a partnership, the names and addresses of
all partners, and if a corporation, association or other organization, the
names and addresses of the president, vice president, secretary and managing
officers.

3. Each application must be accompanied by
the application fee and the annual license fee for the particular
classification for each business or premises for which the license is sought as
provided for in NRS 590.465 to 590.645, inclusive.

NRS 590.565Denial or issuance of licenses; copy of order denying license to
be served on Governor and applicant.

1. The Board shall approve or disapprove
all applications, and in the event an application is disapproved the Board
shall promptly return to the applicant the license fee. Within 5 days after the
denial of a license, the Board shall serve upon the applicant and the Governor
a copy of the order denying the license, which order shall specify the reasons
for the denial.

2. If it appears that the applicant is
qualified by experience, education or knowledge to install equipment in a
satisfactory and safe manner or is qualified by experience, education or
knowledge to sell, transport or deliver the gas, and that the equipment used by
the applicant complies with the minimum safety standards established by the
Board, the Board shall approve the application and issue the appropriate
license for the particular classification stated in NRS
590.465 to 590.645, inclusive.

(Added to NRS by 1957, 480; A 1959, 225)

NRS 590.575Classifications.For
the purpose of administering the provisions of NRS
590.465 to 590.645, inclusive, and adopting the
application and license fees to be remitted, the Board may classify any person,
firm or corporation as follows:

1. Class 1. A fully licensed dealer who is
engaged in the business of installing equipment for the use of LPG and who
sells, fills, refills, delivers, or is permitted to deliver any LPG.

2. Class 2. A business engaged in the
sale, transportation and exchange of cylinders, but not in transporting or
transferring gas in liquid bulk.

3. Class 3. A business not engaged in the
sale of LPG, but engaged in the sale and installation of gas-consuming
appliances, piping, apparatuses, fixtures and connections.

4. Class 4. A business which operates one
or more dispensers at a fixed location for the resale of propane to the public.

5. Class 5. Any other business engaged in
activities relating to LPG which the Board determines requires a special
license.

1. Every license issued under NRS 590.465 to 590.645,
inclusive, shall set forth the name of the person or persons to whom it is
issued.

2. The license shall specify the location,
by street and number, of the premises for which it is issued and the particular
classification of the license authorizing the type of business to be conducted.

1. Any license issued under the provisions
of NRS 590.465 to 590.645,
inclusive, shall not be transferable by the licensee or licensees to any other
person, firm, association, partnership or corporation, and it shall be valid
only for the particular premises and particular persons described therein.

2. Whenever there is any transfer or
change in the ownership such change must be reported to the Board within 30
days.

3. No license fee paid under NRS 590.465 to 590.645,
inclusive, shall be refunded whenever any license issued has ceased to be valid
either because of a voluntary transfer of any nature, revocation under the
provisions of NRS 590.465 to 590.645,
inclusive, death, insolvency, assignment for the benefit of creditors, or for
any other reason.

(Added to NRS by 1957, 481)

NRS 590.605Disciplinary action.

1. Whenever the Board has reasonable
grounds to believe that any applicant or licensee under NRS
590.465 to 590.645, inclusive, is violating any
of the provisions of NRS 590.465 to 590.645, inclusive, or regulations or specifications
adopted hereunder, or is violating or failing to comply with any of the health
and safety laws or regulations in force in this State, or is acting or
conducting operations in any other manner which the Board deems to be inimical
and not to the best interests of the health, safety or welfare of the people of
this State, the Board may, after a hearing, suspend or revoke any or all licenses
previously issued under the provisions of NRS 590.465
to 590.645, inclusive, or take such intermediate
actions, including the imposition of fines, as it deems appropriate under the
circumstances. If the Board has reasonable grounds to believe that a licensee
is delivering a lesser quantity of gas than the licensee bills the customer for
with the intent to defraud, that fact must be reported to the State Sealer of
Consumer Equitability.

2. The Board shall cite the licensee, upon
notice, stating reasons and given not less than 10 days before the date set for
the hearing, to appear and show cause, if any, why the license should not be
revoked or suspended or other disciplinary action should not be taken.

3. The Board may conduct investigations,
summon and compel the attendance of witnesses, require the production of any
records or documents and provide for the taking of depositions under the Nevada
Rules of Civil Procedure in connection with such hearings.

4. If, upon hearing, the Board is
satisfied that the violation charged is true, or if the licensee fails to
appear and show cause, the Board may revoke or suspend the license summarily or
take such intermediate action, including the imposition of a fine, as it deems
appropriate. In addition to any penalties imposed pursuant to this subsection,
the licensee shall pay to the Board any costs incurred by the Board in
conducting the investigation and hearing, including:

(a) Costs to employ an attorney or other
consultant; and

(b) Per diem allowances and travel expenses.

Ê Money
received by the Board from the imposition of fines must be paid to the State
Treasurer for credit to the State General Fund. The Board may retain the money
paid to reimburse it for the costs of conducting an investigation and hearing.

5. The findings of the Board pursuant to
this section, the judgment and the order must be reduced to writing and filed
in the permanent public records of the Board. Copies must be furnished to the
licensee and the complaining customer, if any. A licensee is entitled to
judicial review of the order in the manner provided by chapter 233B of NRS. Enforcement of the
Board’s order must be stayed until judicial review is completed.

6. In any case where the Board refuses to
issue a license, or suspends or revokes a license, the applicant or accused may
submit another application for the consideration of the Board.

NRS 590.610Variances from regulations.The
Board may grant variances from its regulations when it deems it in the best
interest of the safety of the public or the persons using materials or services
relating to liquefied petroleum gas.

NRS 590.615Variances from rules, regulations or specifications:
Considerations.When the Board
finds, under such conditions as may arise, a variation from its rules,
regulations or specifications which does not impair the safety of the public
and persons using the materials which would otherwise be secure by compliance
with such rules, regulations or specifications, the Board may, upon written
application, consideration and investigation, grant a variance from the terms
of the rules, regulations or specifications on such conditions as it may
specify to insure the safety of the public and persons using the materials or
services. In granting the variance, the Board shall take into consideration one
or more of the following circumstances or conditions and the application shall
specify which of them are relied upon:

1. The purpose and meaning embodied in the
regulation from which the variance is requested and its relative importance in
balancing the interests of the licensee and the community or public.

2. The reasons why the rules, regulations
or specifications cannot be complied with.

3. If a consumer tank is involved, whether
or not a fire hazard will be created or is maintained.

4. The openings which may or may not be
made into any buildings below any regulator or container vents.

5. Whether or not the adjacent walls or
exposures are fireproof.

6. Whether or not the installation will be
safe in the event the variance is allowed.

7. Whether or not the installation will be
exposed to crashes by moving vehicles.

8. Any other factors or considerations
which impose a hardship on the licensee or which the Board deems appropriate
for the granting of a variance.

NRS 590.625Attorney General is Board’s legal adviser.The Attorney General for the State of Nevada
and the Attorney General’s duly appointed deputies shall be the legal advisers
of the Board on all matters, of every kind and nature, arising in the
administration or enforcement of the provisions of NRS
590.465 to 590.645, inclusive, or the rules,
regulations or specifications promulgated hereunder.

(Added to NRS by 1957, 482)

NRS 590.635Duties of sheriffs and police officers.The
respective sheriffs within their counties, and all police officers of the State
of Nevada, are charged with the duty, without further compensation, of
assisting in the enforcement of NRS 590.465 to 590.645, inclusive, and shall, upon notice from the
Board that a dealer or licensee is installing equipment or engaged in the sale
of LPG without a license, or its license has been revoked or suspended, stop
and abate such dealer or licensee from installing, selling or otherwise
conducting business until such time as the requirements of NRS 590.465 to 590.645,
inclusive, and all rules, regulations or specifications promulgated by the
Board have been complied with.

(Added to NRS by 1957, 482)

NRS 590.640Penalties; injunctive relief available to Board.

1. Any person who violates any of the
provisions of NRS 590.465 to 590.645,
inclusive, or any of the rules, regulations or specifications promulgated
thereunder, is guilty of a misdemeanor.

2. If any person has engaged or is about
to engage in any acts or practices which constitute or will constitute an
offense against the provisions of NRS 590.465 to 590.645, inclusive, the district court of any county,
on application of the Board, may issue an injunction or other appropriate order
restraining such conduct. Proceedings pursuant to this subsection must be
governed by Rule 65 of the
Nevada Rules of Civil Procedure, except that no bond or undertaking is required
in any action commenced by the Board.

NRS 590.645Promotion of safety by Division of Industrial Relations of
Department of Business and Industry.The
Division of Industrial Relations of the Department of Business and Industry may
promote safety in the liquefied petroleum gas industry within the State.